FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent infringement case, and the key claim at issue in the dispute was a means-plus-function limitation. One of the nonprecedential opinions also comes in another patent infringement case; the other nonprecedential opinion comes in an appeal of a decision of the Merit Systems Protection Board. Here are introductions to the opinions and links to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, the Supreme Court set a date for oral argument in a patent case; a new petition was filed in a patent case addressing expert witness testimony and the standard for granting judgment as a matter of law; a waiver of the right to respond to a petition was filed; a reply brief was filed in support of a petition in a takings case; and an amicus brief was filed in a patent case addressing appellate procedure. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in Bee v. United States, a case we have been following because it attracted two amicus briefs. In this case, William Bee appeals the denial of his request to have his military records reflect medical retirement rather than voluntary separation. Judges Reyna, Clevenger, and Chen heard the oral argument. This is our argument recap.

Earlier this month, the Federal Circuit Court heard oral argument in Ligado Networks LLC v. United States, a takings case we have been following because it attracted two amicus briefs. In this case, the United States appeals a decision of the Court of Federal Claims, arguing it erred by exercising jurisdiction over the case and treating a license from the Federal Communications Commission as property under the takings clause. Chief Judge Moore, Judge Taranto, and Judge Stoll heard the oral argument. This is our argument recap.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. One of the opinions comes in a patent infringement case; the other comes in an appeal of a judgment of the Court of International Trade in a trade case. One of the orders grants the government’s motion for a summary affirmance in an appeal of final judgment of the Court of Federal Claims; the other is a dismissal. Here are the introductions to the opinions and first order and a link to the dismissal.

Earlier this month, the Federal Circuit heard oral argument in a tax case, Dougherty Electric, Inc. v. United States. In this case, Dougherty Electric appeals a dismissal by the Court of Federal Claims of a refund suit for lack of subject matter jurisdiction. Judges Lourie, Prost, and Taranto heard the oral argument. This is our argument recap.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight three recent opinions, four recent orders, and one new case. Here are the details.

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, a new petition was filed in a pro se case and two waivers of the right to respond to petitions were filed in two other pro se cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential opinion dismissing an appeal. This morning, the court released three nonprecedential opinions and three additional nonprecedential orders dismissing appeals. One of the opinions comes in a patent infringement case; the other two come in pro se challenges to decisions of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the dismissals.